The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1887-11-17

to present preliminary report.
1t appears to your committee that
besides other questions to be con-
sidered by them, there are two at
least which require some prelimi-
nary consideration, TO wit:
What is the duty Of the Govern
ment in the premisesY This being
purely a question Of law, your COM
mittee recommend that it he sub
mitted to the Justices of the STU
preme Court with request for their
opinion thereon, as provided by the
Constitution.
The second question, namely, the
policy of the Government, would
not arise unless II shall be decided
by competent authority that the
Government is not bound in law TO
issue the bonds under existing cir
cumstances, or, on the other hand,
is legal obligation resting upon
the Government 10 issue those
bonds, the sooner that duty is per-
formed the better, at whatever cost.
We therefore recommend that the
construction of the Loan Act be
requested Of the Justices OF the
Supreme Court, and that the report
and statements OF the Minister Of
Finance and the form of law now
proposed by him, together with the
amended Act authorizing the same
proposed by him, be submitted to
the Justices, and in connection there
with their opinions be requested on
the following questions, namely:
First--Under the Acts of 1856,
where would such bonds be pay
ableI
Seconds section > Of the Loan
Act, dated September /, 1886, in
force? -
Third--If said section 3 is in
force, does it exclude payment OF
any expenses for floating the loan,
etc., other than 5 per cent. commits
slon!
Fourth-In any case, is the item
of 100000 in section 3 Of the
amended Act intended TO be in adj
dition 10 such 5 per cent. commits
sion?
Fifth-Is any engagement for
bonds payable in sterling money
valid under said Loan Acts of 1886!
Sixth-Is the Government res
ponsible for the engagement OF its
agent to pay Els, 900, as mentioned
in the Minister'S report, provided
such engagement was not authorized
by the Loan Act of 1886?
Seventh-If the Court shall say
that the Loan Acts of 1886 do not
authorize the engagement to pay
fl5,000 in addition 10 the B per
cent. as commissions earned therein,
would the Government then be justi-
fed in refusing TO issue bonds TO
cover the els 900 if it shall also
appear that the Government has
contracted for the payment of such
f15,000 in addition to the commits
sions and has actually received the
remainder Of the money?
Eigh'h-Is the form of the bond
herewith submitted authorized by
the Loan Act of 1886 with its pro-
posed amendment?
In the last question attention is
particularly called to the form in
the bond of stating what the bond
calls for in its final payment. Your
committee therefore ask that upon
return made by their Honors the
Justices of the Supreme Court to
the questions herein asked, together
with the exhibits attached, such
matter may be returned to this
committee, and that they may have
further time for report thereon.
w. r. CASTLE,
GEO. II. Dole,
j. WIGHT,
w. y. SMITH,
Honolulu, Nov. 10, 1887.
Mr.. Baldwin agreed to the report
but was not present to sign it,
President Wilder read a commune
cation from Mr.. Walter M. Giffard,
the Regatta Secretary, inviting the
members of the House to attend on
the flagship w. G. Hall, to witness
the regatta on the occasion of His
Majesty's birthday.
Mr.. Castle moved the House adj
iourn to 10 O'Clock Thursday morn
ing, and it he entered on the min
utes that the House adjourned to
then out of respect to His Majesty's
birthday. Agreed to.
The House adjourned at 4:15.